This chapter shall be known and may be cited as "The Decorah Municipal Airport Height Zoning Ordinance."

(Ord. 952 (part), 1993)

As used in this chapter, unless the context otherwise requires, certain terms shall be defined as follows:

"Airport" means the Decorah Municipal Airport.

"Airport elevation" means the highest point of an airport's usual landing area, measured in feet above mean sea level, which elevation is established to be one thousand one hundred fifty-eight feet.

"Airport hazard" means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 Code of Federal Regulations Sections 77.21, 77.23, and 77.25 as revised March 4, 1972, and which obstruct the airspace required for the flight of aircraft and landing or takeoff at an airport or are otherwise hazardous to such landing or taking off of aircraft.

"Airport primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Airspace Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

"Control zone" means airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

"Instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities or area-type navigation equipment, for which an instrument approach procedure has been approved or planned.

"Minimum descent altitude" means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

"Minimum en route altitude" means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

"Minimum obstruction clearance altitude" means the specified altitude in effect between radio fixes on VOR airways, off-airway routes or route segments, which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-two miles of a VOR.

"Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

(Ord. 952 (part), 1993)

In order to carry out the provision of this chapter, there are created and established certain zones which are depicted on the municipal airport height zoning map. A structure located in more than one of the following zones is considered to be orderly in the zone with the more restrictive height limitation. The various zones are established and defined as follows:

A.

"Horizontal zone" means the land lying under a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by visual runway and nonprecision instrument utility runways, swinging arcs of five thousand feet radii from the center of each end of the primary surface of Runways 11 and 29, and connecting the adjacent arcs by lines tangent to those arcs. No structure shall exceed one hundred fifty feet above the established airport elevation in the horizontal zone, as depicted on the municipal airport height zoning map.

B.

"Conical zone" means the land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet. No structure shall penetrate the conical surface in the conical zone, as depicted on the municipal airport height zoning map.

C.

"Approach zone" means the land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.)

1.

The inner edge of the approach surface is a visual and nonprecision instrument runway, five hundred feet wide for Runways 11 and 29.

2.

The outer edge of the approach zone is visual other than utility runways, one thousand five hundred feet for Runway 11; nonprecision instrument utility runways, two thousand feet for Runway 29.

3.

The approach zone extends for a horizontal distance of, on all visual and nonprecision instrument utility runways, five thousand feet at a slope of thirty-four to one for Runways 11 and 29. No structure shall exceed the approach surface to any runway as depicted on the municipal airport height zoning map.

D.

"Transitional zone" means the land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. No structure shall exceed the transitional surface, as depicted on the municipal airport height zoning map.

E.

No structure shall be erected in Decorah or Winneshiek County that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum en route altitude to be increased on any federal airway in Decorah or Winneshiek County.

(Ord. 1080 § 1, 2005; Ord. 952 (part), 1993)

Notwithstanding any other provisions of Section 17.128.030, no use may be made of land or water within the city or Winneshiek County in such a manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:

A.

All lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that they are not misleading or dangerous to aircraft operating from the municipal airport or in the vicinity thereof.

B.

No operations from any use shall produce smoke, glare or other visual hazards within three statute miles of any usable runway of the municipal airport.

C.

No operations from any use in the city or Winneshiek County shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(Ord. 952 (part), 1993)

A.

Notwithstanding the provisions of Section 17.128.040, the owner of any structure over two hundred feet above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA) Advisory Circular 70-7460-1D and amendments. Additionally, any structure, constructed after the effective date of the ordinance codified in this title, exceeding nine hundred forty-nine feet above ground level, must install on that structure high-intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-1D and amendments.

B.

Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the city and Winneshiek County at its own expense to install, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard.

(Ord. 952 (part), 1993)

Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use his property in violation of any section of this chapter, may apply to the board of adjustment for variance from such regulations. No application for variance to the requirements of this chapter may be considered by the board of adjustment unless a copy of the application has been submitted to the municipal airport manager, aeronautics director or any other person designated by the city council to receive a copy of the application, for an opinion as to the aeronautical effects of such a variance. If the municipal airport manager, aeronautics director or any other person designated by the city council to receive a copy of the application does not respond to the board of adjustment within fifteen days from receipt of the copy of the application, the board may make its decision to grant or deny the variance.

(Ord. 952 (part), 1993)

A.

The board of adjustment for the city, appointed and adopted pursuant to Chapter 414, Code of Iowa, and Chapter 17.28 of this code is designated and created by the board of supervisors of Winneshiek County and the city council as the airport board of adjustment, to have and exercise the following powers:

1.

To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator in the enforcement of this title or other applicable ordinances;

2.

To hear and decide special exemptions to the terms of this chapter upon which such airport board of adjustment under such regulations may be required to pass;

3.

To hear and decide specific variances.

B.

The airport board of adjustment shall consist of the members duly appointed pursuant to Chapter 414, Code of Iowa, by the city council and each shall serve for the term of years pursuant to such term as they are now appointed by members of the city board of adjustment. Such members of the airport board of adjustment shall be subject to the same removal authority as is contained in Chapter 17.28 of this code and subject to the provisions of Chapter 414, Code of Iowa.

The airport board of adjustment shall also consist of two members from Winneshiek County, and the board of supervisors designates the two members on the city board of adjustment residing within Winneshiek County but not residents of the city as those two representative members on the airport board of adjustment. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which such member was selected pursuant to this code.

C.

The airport board of adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the airport board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the airport board of adjustment shall be open to the public. The airport board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, and other official actions, all of which shall immediately be filed in the office of the city clerk.

D.

The airport board of adjustment shall have the same powers as it currently may exercise as the Decorah board of adjustment pursuant to its authority under this code and powers established pursuant to Chapter 414 of the Code of Iowa.

E.

The concurring vote of a majority of the members of the airport board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect variations of this chapter.

(Ord. 952 (part), 1993)

A.

The zoning commission for the city appointed and adopted pursuant to Chapter 414, Code of Iowa and Chapter 2.26 of this code is designated and created by the board of supervisors of Winneshiek County and the city council as the airport zoning commission, to have and exercise the following powers:

1.

To administer and enforce such regulations as it deems fit to adopt pursuant to this chapter;

2.

All zoning regulations adopted shall be reasonable and shall not impose any requirement or restriction which is not necessary to effectuate the purposes of this chapter;

3.

No airport zoning regulations adopted under this chapter shall require the removal, lowering or other change or alteration of any structure or tree, or interfere with any use not conforming to the regulations when adopted or amended, except that they may require the owner thereof to permit the municipality at its own expense to install, operate and maintain such markers and lights as may be necessary to indicate to operators of aircraft the presence of the airspace hazard;

4.

All such regulations shall provide that no preexisting nonconforming structure, tree or use, shall be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airspace hazard than it was when such airport zoning regulations or amendments thereto were adopted.

B.

The airport zoning commission shall consist of the members duly appointed pursuant to Chapter 414 of the Code of Iowa by the city council and each shall serve for the term of years pursuant to said term as appointed as a member of the city zoning commission. Said members of the airport zoning commission shall be subject to the same removal authority as is contained in Chapter 2.26 of this code and subject to the provisions of Chapter 414 of the Code of Iowa. The airport zoning commission shall also consist of two members from Winneshiek County and the board of supervisors designates the two members of the city zoning commission residing within Winneshiek County but not residents of the city as those two representative members on the airport zoning commission. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected pursuant to this code.

C.

The airport zoning commission shall have the same powers as it currently may exercise pursuant to the authority under this code and powers established pursuant to Chapter 414 of the Code of Iowa.

(Ord. 952 (part), 1993)

Any person aggrieved, or any taxpayer affected, by any decision of the airport board of adjustment may appeal to a court of record as provided in Section 414.15, Code of Iowa.

(Ord. 952 (part), 1993)

It shall be the duty of the airport zoning commission to administer the regulations prescribed in this chapter. Applications for permits and variances shall be made to the airport zoning commission upon a form furnished by the commission. Applications required by this chapter to be submitted to the airport zoning commission shall be promptly considered and granted or denied. Application for action by the airport board of adjustment shall be forthwith transmitted by the airport zoning commission. This chapter shall be administered by the zoning administrator pursuant to Chapter 17.12 of this code.

(Ord. 952 (part), 1993)

Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a simple misdemeanor, and be punishable by a fine of not more than one hundred dollars or imprisonment for not more than thirty days, and each day a violation continues to exist shall constitute a separate offense.

(Ord. 952 (part), 1993)

Where there exists a conflict between any of the regulations or limitation prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 952 (part), 1993)